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Do you think this action is a legit felony charge?

Discussion in 'The Water Cooler' started by virginiashadow, Jul 12, 2013.

  1. virginiashadow

    virginiashadow Legendary Woodsman

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    Not sure, but doubt it.
     
  2. grizzly1530

    grizzly1530 Weekend Warrior

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    I personally think it should stand if it was just a simple conversation, you lie, you pay. However, if he admitted it, he either had a change of heart and felt bad, or this is one of the dumbest criminals ever.
     
  3. virginiashadow

    virginiashadow Legendary Woodsman

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    grizzly, I saw him in lock up and he appeared to be a moron
     
  4. grizzly1530

    grizzly1530 Weekend Warrior

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    Figured so. I also don't think people realize how serious of a charge perjury is.
     
  5. virginiashadow

    virginiashadow Legendary Woodsman

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    I was actually in the court room on the day he raised his hand and swore he fixed the tint. Then several days later I see him in lockup with an officer I know. I didn't fault him one bit for charging him. Even though it was a small charge, the implications are huge. The judicial system and the suspect entered into a verbal contract of sorts and "shook hands" when he swore under oath that he fixed the tint. The judicial system did not ask for any proof other than the persons word. Word is bond.
     
  6. jrk_indle84

    jrk_indle84 Grizzled Veteran

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    I would say what initiated the second conversation and what reason the cop had to approach him the second time. I'm sure the kid didn't come out and openly say oh hi, yea btw I lied to the judge the other day. You don't drive around the neighbourhoods and knock on every ones door that has window tint, dual exhaust, or lifted trucks and give out tickets. Granted yes lying under oath is not the thing to do but I'm sure 75% of the people in court do, especially traffic court. But they don't send cops out afterwards to double check the story. To me its no different then leaving a bar where there's cops outside and then seeing the same one the next day amd saying its good they didn't check because I was pretty drunk when I left.

    And comparing a child neglect case to a petty crime traffic ticket is apples to oranges.
     
  7. virginiashadow

    virginiashadow Legendary Woodsman

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    The cop didn't drive around looking for anything, he saw the guy and his car when on routine patrol. And to further this, the area in which I work probably has around 75,000-100,000 people. So it is not like we are driving around small roads looking to jam people we've had court cases in the past....we are busy and don't take stuff very personal.


    It wasn't a comparison. It was to tease out that no matter what the situation is, one should not lie under oath when asked a direct question by the judge. Heck, all he had to do was tell the judge he needed a month or two to fix the issue, return to court with the proof, and the case would be dropped. He chose to lie, thereby defeating the one thing that I believe we all stand for in legal proceedings, the truth.

    I will ask again, what if the cop lied while under oath? Would it seem as trivial as the guy who lied about his tint?
     
  8. NEW61375

    NEW61375 Die Hard Bowhunter

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    During that "questioning" would the officer need to inform him that anything he said can and would be used against him? I mean it seems weird that the guy would come out and say he lied much less sign a statement, sounds like a smart one.

    As far as if it were a cop lieing under oath, I've seen it first hand and it's a sad sight. Citizens and officers should telll the truth under oath.
     
  9. virginiashadow

    virginiashadow Legendary Woodsman

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    No he would not need to be read his rights. If he were detained and then questioned, then yes, he would need to be read Miranda. A consensual encounter, which this was, did not invoke Miranda.

    Let me tell you, I once lost a case and you could tell the lawyer and the judge were stunned when I made a point of being very direct in my response. I owed it to the person I charged. I responded to a location A to investigate a chemical smell coming from a shed. Once in the backyard of location A I knocked on a shed and the door opened. Weed smoke poured out and while the quantity of weed was not large, the guy had been charged with possession with intent to distribute weed not even 12 hours earlier. I arrested him.

    The shed was actually on another property that I was dispatched to, but I did not know that, as it appeared to be right on the boundary lines of both. I drew them a map and pointed to exactly which address I was dispatched. Turns out, the shed I thought was on location A was really on location B, the suspects property. The case was thrown out. I told the truth when I could have blurred the lines. I didn't lie because I took an oath.
     
  10. jrk_indle84

    jrk_indle84 Grizzled Veteran

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    I wasn't saying he went out looking for the guy, the diving around and knocking on peoples door was a comparision. Again I would stll question what purpose the conversation was initiated? It wasn't during a traffic stop you said the dude was washing his car, so was he doin something illegal to justify the officer stopping and striking up a conversation. Regardless obviously the guy is a idiot but I doubt he came right out amd said oh I lied the other day in court. What would the reason be to bring it up unless the illegal tint wasnt the topic of conversation.

    As far I telling the judge he needed a month ok that's fine and dandy, but what if during that month or even after he got ticketed for the same thing would it still be looked at as lying and a felony brought on. The truck I used to have had dual exhaust and 9 inch lift, well over legal for Illinois. I got a couple different tickets here amd there while I owned the truck and paid te fine each time and said each time I'd fix it. Never did and most times same judge amd even same cop once. So should I be a felon right now?

    No a cop lying wouldn't be trivial but ultimately the court most times will side with officer. I could get into more from personal experience but has nothing to do with this topic or my opinion. Nor is it anyones business on this site.

    I'm not saying you guys don't deal with difficult situations or whatever being cops, especially in that big of a area. Nor am I siding with this guy. All I'm saying is doesn't seem to me there was any reason for the second encounter regardless of what the guy said. Window tint on a car is nothing to get all worked up over, if he don't want to fix it keep handing out tickets. He'll either get tired of court or get it fixed. And yes I realize lying is lying and it could of been over somethimg ten times worse, but it wasn't. So why mess up someones life with a felony over what is probably a 75 dollar ticket. If he's as dumb as you said he'll turn up for somethimg else.
     
  11. virginiashadow

    virginiashadow Legendary Woodsman

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    A person doesn't have to being doing anything illegal for a cop to stop and talk. Heck, I drove by a 7-11 a few times the other day and guy was in front of it, and every time I drove by he darted around the corner. It seemed odd, so the fourth time I came by in about an hour, I parked through the wood line and came up through the woods and as he stepped out I made contact. I asked him who he was and after he identified himself he came back as a wanted subject. I arrested him.
     
  12. virginiashadow

    virginiashadow Legendary Woodsman

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    And JRK, I have nothing wrong with anything you are saying. I, like you, believe in strong individual rights. I am not a very fun person to be around when someone thinks they can boss me around for whatever reason, or when someone believes they can trample my rights. Nope.
     
  13. jrk_indle84

    jrk_indle84 Grizzled Veteran

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    I understand that, idk maybe it was nothing its just weird circumstances that lead up to everything. But I'm sure that's the norm for any cop on duty. I know you guys randomly stop and check out all kinds of situation and that prolly leads to a lot of things normally that would of been missed.

    Maybe this guy really is just that stupid (putting it nicely) ha ha
     
  14. Dawn Assassin

    Dawn Assassin Die Hard Bowhunter

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    dont know if i missed it but is the same officer that stopped him in the inital routine stop? If so i would definitly say this officer knew he didnt change the tint just on the fact that its a small area he patroles and since police work 12-15 hr shift a couple days a week he had to patrole that street alot in one week the day he "talked" to the perp was that day he snapped and had enough and was gonna pull this thorn from his side hahahhah you asked for my thoughts there they are lol
     
  15. Dawn Assassin

    Dawn Assassin Die Hard Bowhunter

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    But since this guy dont know what to do there gonna hang him for lieing under oath lol and for good reason like one of the guys said before. when you raise that hand and place a handle on the book your word is a contract nor only with court but u put you hand on the greatesr book ever know to man and lied!!! i would say hes got bigger ppl to answer too lol
     
  16. virginiashadow

    virginiashadow Legendary Woodsman

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    So it is ok for a citizen to lie under oath about a traffic violation, but if an officer lies the case should be dropped and he should be terminated?
     
  17. Iowa Veteran

    Iowa Veteran Grizzled Veteran

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    He was washing his car in public. The officer struck up a conversation. The idiot admitted to a law enforcement officer that he had perjured himself. Idiot lied to a judge and then told a cop about it. He gets what he deserves.
     
  18. Iowa Veteran

    Iowa Veteran Grizzled Veteran

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    There was an officer here in Iowa that got caught lying under oath. He was terminated and faces charges. Not only that, but all the cases he testified in now are under review and in jeopardy of being overturned. I think most times it is a two way street.
     
  19. Dawn Assassin

    Dawn Assassin Die Hard Bowhunter

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    If that was directed at me i would say no its not ok for him to to lie under oath and its definetly not ok for a civil SERVANT to lie to get his case if both parties are found guilty of lieing either for getting out of trouble or to get his bust then both should be delt with the same! Just because hes a officer doesnt mean he should get better treatment. but being a officer of the law i would think he would have some explaining to do to keep his job. And again i cant say this enough I RESPECT POLICE OFFICERS its a tough and stressful job. i thought about it but i dont play well with others not the job for me lol
     
  20. jrk_indle84

    jrk_indle84 Grizzled Veteran

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    That's goin on here with a drug court probation officer. He got caught with a meth lab with a guy he got out of the drug court program.
     

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